Customer Service Operations UK Visas & Immigration clo Lunar House UK Visas 40 Wellesley Road & Immigration Croydon CR9 2BY TO Reference: 20 January 2015 Dear Mrs Thank you for your email correspondence dated 18 December 2014 to the Immigration Minister about the recent ruling by the Court of Justice of the European Union (CJEU). The CJEU handed down their judgment in the case of McCarthy (C-202/13) on 18 December 2014. The case was referred to the CJEU by the UK High Court. The CJEU was asked to determine whether the UK's requirement that non European Economic Area (EEA) nationals who hold a valid residence card issued by another Member State under Article 10 of Directive 2004/38/EC (the ‘Free Movement Directive’) must also obtain an EEA family permit in order to be admitted to the UK, was compatible with European Union law. The CJEU found that the UK cannot, as a preventative measure to guard against the abuse of free movement rights, compel persons in possession of a residence card issued under the Free Movement Directive to hold an EEA family permit in order to be admitted to the UK when travelling with, or to join, their EEA relative. The UK is currently considering the implications of this judgment and the case will now return to the High Court for a final determination. It is important to note that the findings of the CJEU are limited to cases where: * the EEA national has resided in a Member State other than that of which they are a national, and * the EEA national has exercised Treaty rights in that Member State, and * their non-EEA family member has been issued with a residence card under the terms of the Free Movement Directive by that ‘host’ Member State and © the non-EEA family member is travelling with, or to join, their EEA national rela- tive. i % wrestorsThe judgment does not affect the requirement for non-EEA nationals who are family members of an EEA national but who have never been issued with a residence card by another Member State under the Free Movement Directive to apply for an EEA family permit before travelling to the UK. Nor does it affect the requirement for non-EEA nationals who are family members of an EEA national who have been issued residence documentation in another Member State under that Member State’s domestic law to apply for an EEA family permit. For example, if an Australian national lives with their German spouse in Germany and has been issued with a residence permit by the German authorities, the Australian national should obtain an EEA Family Permit for travel to the UK. This is because the residence document has been issued under German domestic law, not under the Free Movement Directive. The judgment also does not affect the position of a non-EEA national who holds a residence card but who is not travelling with, or to join, their EEA relative. In that case the non-EEA national should apply for the relevant entry clearance. Yours sincerely Treat Official Team Customer Service Operations We would like to hear about your experience and invite you to spend a few moments completing this customer satisfaction survey: http//www.homeofficesurveys.homeoffice.gov.uk/s/108105TAZNG